66th  Congress 
1st  Session 


Session 


SENATE 


Document 


Wo  61 


SETTLEMENT  OF  DIFFERENCES 
WITH  COLOMBIA 


* TREATY 


Signed  at  Bogota  on  April  6,  1914,  between  the  United 
States  and  the  Republic  of  Colombia,  for  the  settle- 
ment of  their  differences  arising  out  of  the  events 
which  took  place  on  the  Isthmus  of  Panama  in 
November,  1903,  showing  the  amendments 
suggested  by  the  Committee  on 
Foreign  Relations 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 
1919 


SUBMITTED  BY  MR.  NORRIS. 


In  the  Senate  of  the  United  States, 

July  31,  1919. 

Ordered,  That  the  treaty  signed  at  Bogota  on  April  6,  1914, 
between  the  United  States  and  the  Republic  of  Colombia,  for  the 
settlement  of  their  differences  arising  out  of  the  events  which  took 
place  on  the  Isthmus  of  Panama  in  November,  1903,  showing  the 
amendments  suggested  by  the  Committee  on  Foreign  Relations,  be 
printed  as  a Senate  document. 

Attest: 

George  A.  Sanderson, 

Secretary. 


3Jf/.  3.  73 
U Tl  3 ^ 4— 

63rd  CONGRESS,  2d  SESSION.  SENATE  EXECUTIVE  DOCUMENT  No.  H. 


SETTLEMENT  OF  DIFFERENCES  WITH  COLOMBIA. 


MESSAGE 

FROM  THE 

PRESIDENT  OF  THE  UNITED  STATES, 

TRANSMITTING 

A TREATY  SIGNED  AT  BOGOTA  ON  APRIL  6,  1914,  BETWEEN  THE 
UN  TED  STATES  AND  THE  REPUBLIC  OF  COLOMBIA,  FOR  THE 
SETTLEMENT  OF  THEIR  DIFFERENCES  ARISING  OUT  OF  THE 
EVENTS  WHICH  TOOK  PLACE  ON  THE  ISTHMUS  OF  PANAMA  IN 
NOVEMBER,  1903. 


June  16,  1914. — Message  read;  convention  read  the  first  time  and  referred  to  the 
Committee  on  Foreign  Relations,  and,  together  with  the  message  and  accompany- 
ing papers,  ordered  to  be  printed  in  confidence  for  the  use  of  the  Senate. 

June  18,  1914. — Injunction  of  secrecy  removed. 

July  29,  1919. — Made  public. 


To  the  Senate: 

I transmit  herewith,  for  the  constitutional  action  of  the  Senate,  a 
treaty  signed  at  Bogota  on  April  6,  1914,  between  the  United  States 
and  the  Republic  of  Colombia,  for  the  settlement  of  their  differences 
arising  out  of  the  events  which  took  place  on  the  Isthmus  of  Panama 
in  November,  1903. 

Woodrow  Wilson. 

The  White  House, 

Washington , June  16,  191  If.. 


The  President: 

The  undersigned,  the  Secretary  of  State,  has  the  honor  to  lay 
before  the  President,  with  a view  to  its  transmission  to  the  Senate 
to  receive  the  advice  and  consent  of  that  body  to  its  ratification,  a 
treaty  signed  at  Bogota  on  April  6,  1914,  between  the  United  States 
and  the  Republic  of  Colombia,  for  the  settlement  of  their  differences 
arising  out  of  the  events  which  took  place  on  the  Isthmus  of  Panama 
in  November,  1903. 

Respectfully  submitted. 

William  Jennings  Bryan. 

Department  of  State, 

Washington,  June  16,  191  If. 


i 


3 


4 


SETTLEMENT  OF  DIFFERENCES  WITH  COLOMBIA. 


TREATY  BETWEEN  THE  UNITED  STATES  OF  AMERICA  AND  THE 
REPUBLIC  OF  COLOMBIA  FOR  THE  SETTLEMENT  OF  THEIR  DIF- 
FERENCES ARISING  OUT  OF  THE  EVENTS  WHICH  TOOK  PLACE  ON 
THE  ISTHMUS  OF  PANAMA  IN  NOVEMBER,  1903. 

The  United  States  of  America  and  the  Republic  of  Colombia, 
being  desirous  to  remove  all  the  misunderstandings  growing  out  of 
the  political  events  in  Panama  in  November,  1903;  to  restore  the 
cordial  friendship  that  formerly  characterized  the  relations  between 
the  two  countries,  and  also  to  define  and  regulate  their  rights  and 
interests  in  respect  of  the  interoceanic  canal  which  the  Government 
of  the  United  States  is-eenstruelmg  has  constructed  across  the  Isthmus 
of  Panama,  have  resolved  for  this  purpose  to  conclude  a Treaty  and 
have  accordingly  appointed  as  their  Plenipotentiaries: 

His  Excellency  the  President  of  the  United  States  of  America, 
Thaddeus  Austin  Thomson,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  the  United  States  of  America  to  the  Government 
of  the  Republic  of  Colombia;  and 

His  Excellency  the  President  of  the  Republic  of  Colombia,  Fran- 
cisco Jose  Urrutia,  Minister  for  Foreign  Affairs;  Marco  Fidel  Suarez, 
First  Designate  to  exercise  the  Executive  Power;  Nicolas  Esguerra, 
Ex-Minister  of  State;  Jose  Maria  Gonzalez  Valencia,  Senator;  Rafael 
Uribe  Uribe,  Senator;  and  Antonio  Jose  Uribe,  President  of  the 
House  of  Representatives; 

Who,  after  communicating  to  each  other  their  respective  full 
powers,  which  were  found  to  be  in  due  and  proper  form,  have  agreed 
upon  the  following: 

\ D TTP T F T 

li-JL-Ll  llv  jLJu  IT 


Article  II  /. 

The  Republic  of  Colombia  shall  enjoy  the  following  rights  in  respect 
to  the  interoceanic  Canal  and  the  Panama  Railway-:,  the  title  to  which 
is  now  vested  entirely  and  absolutely  in  the  United  States  of  America , 
without  any  encumbrances  or  indemnities  whatever. 

1.  The  Republic  of  Colombia  shall  be  at  liberty  at  all  times  to 
transport  through  the  interoceanic  Canal  its  troops,  materials  of  war 

oetmlry-  without  paying  any  charges  to  the  United  States. 

2.  The  products  of  the  soil  and  industry  of  Colombia  passing 
through  the  Canal,  as  well  as  the  Colombian  mails,  shall  be  exempt 
from  any  charge  or  duty  other  than  those  to  which  the  products  and 


SETTLEMENT  OF  DIFFERENCES  WITH  COLOMBIA. 


5 


* 


i 


1 


1 


mails  of  the  United  States  may  be  subject.  The  products  of  the  soil 
and  industry  of  Colombia,  such  as  cattle,  salt  and  provisions,  shall 
be  admitted  to  entry  in  the  Canal  Zone,  and  likewise  in  the  islands 
and  mainland  occupied  or  which  may  be  occupied  by  the  United 
States  as  auxiliary  and  accessory  thereto,  without  paying  other  duties 
or  charges  than  those  payable  by  similar  products  of  the  United 


States. 

3.  Colombian  citizens  crossing  the  Canal  Zone  shall,  upon  pro- 
duction of  proper  proof  of  their  nationality,  be  exempt  from  every 
toll,  tax  or  duty  to  which  citizens  of  the  United  States  are  not  subject. 

wardsy-wheneve?  Whenever  traffic  by  the  Canal  is  interrupted  or 
whenever  it  shall  be  necessary  for  any  other  reason  to  use  the  rail- 
way, the  troops,  materials  of  war,  products  and  mails  of  the 
Republic  of  Colombia,  as  above  mentioned,  shally-even-in-ease-ef 

Railway  between  Ancon  and  Cristobal  or  on  any  other  Railway 
substituted  therefor,  paying  only  the  same  charges  and  duties  as  are 
imposed  upon  the  troops,  materials  of  war,  products  and  mails  of 
the  United  States.  The  officers,  agents  and  employees  of  the  Govern- 
ment of  Colombia  shall,  upon  production  of  proper  proof  of  their 
official  character  or  their  employment,  also  be  entitled  to  passage  on 
the  said  Railway  on  the  same  terms  as  officers,  agents  and  employees 


of  the  Government  of  the  United  States. 


dona- of- this 


^-in-ease-ef-war-feetween-Celembift 


> rv\  c\ 

txTTTXT 


5.  Coal,  petroleum  and  sea  salt,  being  the  products  of  Columbia, 
for  Columbian  consumption , passing  from  the  Atlantic  coast  of  Colom- 
bia to  any  Colombian  port  on  the  Pacific  coast,  and  vice  versa,  shall, 
whenever  traffic  by  the  Canal  is  interrupted , be  transported  over  the 
aforesaid  Railway  free  of  any  charge  except  the  actual  cost  of  han- 
dling and  transportation,  which  shall  not  in  any  case  exceed  one-half 
of  the  ordinary  freight  charges  levied  upon  similar  products  of  the 
United  States  passing  over  the  Railway  and  in  transit  from  one  port 
to  another  of  the  United  States. 


Article  Hi  II. 


The  Government  of  the  United  States  of  America  agrees  to  pay  at 
the  ci+y  of  Washington , to  the  Republic  of  Colombia,  wi-thin-six 


the  sum  of  twenty-five  million  dollars,  gold,  United  States  money, 
as  follows:  The  sum  of  five  million  dollars  shall  be  paid  within  six 
months  after  the  exchange  of  ratifications  of  the  present  treaty,  and 
reckoning  from  the  date  of  that  payment,  the  remaining  twenty  million 
dollars  shall  be  paid  in  four  annual  installments  of  five  million  dollars 
each. 

Article  iA  III. 


The  Republic  of  Colombia  recognizes  Panama  as  an  independent 
nation  and  taking  as  a basis  the  Colombian  law  of  June  9,  1855,  agrees 
that  the  boundary  shall  be  the  following:  From  Cape  Tiburon  to  the 
headwaters  of  the  Rio  de  la  Miel  and  following  the  mountain  chain 
by  the  ridge  of  Gandi  to  the  Sierra  de  Chugargun  and  that  of  Mali 
i 


6 


SETTLEMENT  OF  DIFFERENCES  WITH  COLOMBIA. 


going  down  by  the  ridges  of  Nigue  to  the  heights  of  Aspave  and 
from  thence  to  a point  on  the  Pacific  half  way  between  Cocalito  and 
La  Arvita. 

In  consideration  of  this  recognition,  the  Government  of  the  United 
States  will,  immediately  after  the  exchange  of  the  ratifications  of  the 
present  Treaty,  take  the  necessary  steps  in  order  to  obtain  from  the 
Government  of  Panama  the  despatch  of  a duly  accredited  agent  to 
negotiate  and  conclude  with  the  Government  of  Colombia  a Treaty 
of  Peace  and  Friendship,  with  a view  to  bring  about  both  the  estab- 
lishment of  regular  diplomatic  relations  between  Colombia  and  Pan- 
ama and  the  adjustment  of  all  questions  of  pecuniary  liability  as 
between  the  two  countries,  in  accordance  with  recognized  principles 
of  law  and  precedents. 

Article  V IV. 

The  present  Treaty  shall  be  approved  and  ratified  by  the  High 
Contracting  Parties  in  conformity  with  their  respective  laws,  and 
the  ratifications  thereof  shall  be  exchanged  in  the  City  of  Bogota, 
as  soon  as  may  be  possible. 

In  faith  whereof,  the  said  Plenipotentiaries  have  signed  the  present 
Treaty  in  duplicate  and  have  hereunto  affixed  their  respective  seals. 

Done  at  the  City  of  Bogota,  the  sixth  day  of  April  in  the  year  of 
our  Lord  nineteen  hundred  and  fourteen. 

Thaddeus  Austin  Thomson. 

Francisco  Jose  Urrutia. 

Marco  Fidel  Suarez. 

Nicolas  Esguerra. 

Jose  Maria  Gonzalez  Valencia. 

Rafael  Uribe  Uribe. 

Antonio  Jose  Uribe. 


In  Executive  Session, 
Senate  of  the  United  States. 

Resolved  {two-thirds  of  the  Senators  present  concurring  therein)  r 
That  the  Senate  advise  and  consent  to  the  ratification  of  the  treaty 
signed  at  Bogota  April  6,  1914,  between  the  United  States  and  the 
Republic  of  Colombia,  for  the  settlement  of  their  differences  arising 
out  of  the  events  which  took  place  on  the  Isthmus  of  Panama  in 
November,  1903,  with  the  following  amendments: 

(1)  In  the  preamble  strike  out  the  words  “is  constructing ” and 
insert  in  lieu  thereof  the  words  “has  constructed.’7 

(2)  Strike  out  all  of  Article  I,  which  is  in  the  following  language: 

Article  I. 

The  Government  of  the  United  States  of  America,  wishing  to  put  at  rest  all  contro- 
versies and  differences  with  the  Republic  of  Colombia  arising  out  of  the  events  from 
which  the  present  situation  on  the  Isthmus  of  Panama  resulted,  expresses,  in  its  own 
name  and  in  the  name  of  the  people  of  the  United  States,  sincere  regret  that  anything 
should  have  occurred  to  interrupt  or  to  mar  relations  of  cordial  friendship  that  had 
so  long  subsisted  between  the  two  nations. 

The  Government  of  the  Republic  of  Colombia,  in  its  own  name  and  in  the  name 
of  the  Colombian  people,  accepts  this  declaration  in  the  full  assurance  that  every 
obstacle  to  the  restoration  of  complete  harmony  between  the  two  countries  will  thus 
disappear. 


SETTLEMENT  OF  DIFFERENCES  WITH  COLOMBIA. 


(3)  Change  the  number  of  Article  II  to  Article  I. 

(4)  In  the  first  paragraph  of  Article  II  in  the  original  text  of  the 
treaty,  strike  out  the  colon  after  the  word  “Railway”  and  insert  in 
lieu  thereof  a comma  and  the  following:  “the  title  to  which  is  now 
vested  entirely  and  absolutely  in  the  United  States  of  America, 
without  any  encumbrances  or  indemnities  whatever.” 

(5)  In  clause  1 of  Article  II  in  the  original  text  of  the  treaty,  strike 
out  the  following:  “even  in  case  of  war  between  Colombia  and  another 
country.” 

(6)  In  clause  4 of  Article  II  in  the  original  text  of  the  treaty,  strike 
out  the  words  “During  the  construction  of  the  Interoceanic  Canal 
and  afterwards  whenever”  and  insert  “Whenever”  in  lieu  thereof; 
strike  out,  after  the  word  “shall”,  the  following:  “,  even  in  case  of 
war  between  Colombia  and  another  country,” ; and  strike  out  the  last 
sentence,  which  reads  as  follows:  “The  provisions  of  this  paragraph 
shall  not,  however,  apply  in  case  of  war  between  Colombia  and 
Panama.” 

(7)  In  clause  5 of  Article  II  in  the  original  text  of  the  treaty,  after 
the  words  “products  of  Colombia”,  insert  “for  Colombian  consump- 
tion,” after  the  words  “vice  versa,  shall”  insert  a comma  and  the 
following:  “whenever  traffic  by  the  canal  is  interrupted.” 

(8)  Change  the  number  of  Article  III  to  Article  II. 

(9)  In  Article  II  of  the  original  text  of  the  treaty,  before  the  words 
“United  States  of  America,”  insert  “Government  of  the”;  after 
the  word  “pay”  insert  “at  the  city  of  Washington,”;  strike  out, 
after  the  word  “Colombia”,  the  words  “within  six  months  after  the 
exchange  of  the  ratifications  of  the  present  Treaty,”;  st  ike  out  the 
period  after  the  word  “money”  and  insert  a comma  in  lieu  thereof 
and  add  the  following:  “as  follows:  The  sum  of  five  million  dollars 
shall  be  paid  within  six  months  after  the  exchange  of  ratifications 
of  the  present  treaty,  and  reckoning  from  the  date  of  that  payment, 
the  remaining  twenty  million  dollars  shall  be  paid  in  four  annual 
installments  of  five  million  dollars  each.” 

(10)  Change  the  number  of  Article  IV  to  Article  III. 

(11)  Change  the  number  of  Article  V to  Article  IV. 

Resolved  further,  That  the  Senate  advise  and  consent  to  the  ratifi- 
cation of  the  treaty  signed  by  the  plenipotentiaries  of  the  United 
States  and  the  Republic  of  Colombia  on  April  6,  1914,  providing  for 
the  settlement  of  differences  between  the  United  States  and  the 
Republic  of  Colombia,  with  the  understanding  to  be  made  a part  of 
such  treaty  and  ratification,  that  the  provisions  of  section  1 of  Article 
I of  the  treaty  granting  to  the  Republic  of  Colombia  free  passage 
through  the  Panama  Canal  for  its  troops,  materials  of  war  and  ships 
of  war,  shall  not  apply  in  case  of  war  between  the  Republic  of  Colom- 
bia and  any  other  country. 


